Spouses are required to disclose their assets, income, and debt during an Alaska divorce proceeding. However, a spouse might try to conceal assets and income. They might not want to give their spouse a share. However, Alaska divorce lawyers have several tools they can use to discover a spouse’s assets, debts, and income, including the discovery process.
Initial Discovery Disclosures in Divorce Proceedings in Alaska
Discovery is used in civil cases to gather evidence and information to prepare for trial. Rule 26.1 of the Alaska Rules of Civil Procedure requires parties to a divorce or legal separation to provide each other with an initial disclosure. The initial disclosure must be provided within 45 days of the defendant filing an answer.
The court provides a Civil Rule 26.1 questionnaire and worksheet for parties to use. The disclosure must include information about property in which the party has an interest. It also must include an authorization giving the other spouse the right to obtain records about bank accounts, employment benefits, retirement accounts, and other assets.
Parties are not required to use the court’s disclosure form. However, the information required by the rule must be submitted to the other spouse without a form discovery request.
Other Forms of Discovery Used in Alaska Divorce Cases
In addition to the initial disclosure in a divorce case, divorce lawyers can use one or more discovery tools to obtain additional evidence and information from your spouse. Examples of discovery tools in an Alaska divorce case include:
Interrogatories
Interrogatories are written questions that your spouse must answer under oath. The questions relate to the issues in the case, including property, debts, and assets. Your spouse is under a continuing obligation to update the interrogatories if the information changes or if they remember additional information.
Depositions
A deposition is a testimony given under oath outside of court. A court report records and transcribes everything said during the deposition. Your attorney can depose your spouse, witnesses, experts, and other parties involved in your divorce case.
Request to Produce
In some cases, your spouse might have documents that are important to your case. Your attorney can send requests for the production of documents. Your spouse must respond under oath.
Subpoenas
A subpoena requires a party to appear to testify or provide documents. Subpoenas can help obtain financial records to verify assets. Your attorney can also use subpoenas to require witnesses to appear and testify at a deposition or hearing.
Request for Admissions
Requests for admissions are similar to interrogatories. However, instead of asking questions, your attorney sends a list of statements. Your spouse must respond under oath to each statement that they admit, deny, or lack the information to respond. Requests for admissions can narrow the issues in dispute in a divorce case.
Schedule a Consultation With Ms. Roston
You deserve your fair share of property and assets when you divorce your spouse. Property division and alimony can significantly impact your future. Our experienced divorce lawyer understands what is at stake. We aggressively pursue a divorce settlement that is in your best interest and gives you the resources you need as you move into the next phase of your life. Reach out to my office for help with your case.
Posted in: Divorce